What is Mediation or Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution, which is sometimes referred to more generally as mediation, is a voluntary method of resolving disputes in business without the costs and delay of court or tribunal proceedings. It can take a number of forms including attending round table meetings with your opponent, negotiating in correspondence and/or attending a mediation meeting where the services of a specially trained independent third party (the mediator) are employed to assist the parties in settling disputes.
The courts and tribunal believe that litigation should be a last resort and therefore an obligation is imposed on parties to a dispute to consider whether ADR is appropriate and if so to use it.
Benefits of Mediation
The advantage of ADR is that it is generally cheaper than Court proceedings, quicker, more flexible and likely to produce more realistic and workable solutions. It is a particularly good method if the parties wish to preserve their business relationship.
There is a generally a high rate of successful settlement for parties who take advantage of ADR, and in the small percentage of cases where a complete solution is not achieved there are generally advantages which come out of the process:-
- Issues will have been narrowed limiting the scope of further dispute.
- Parties will have a clearer idea of the other side’s case.
- Compliance with court rules requiring parties to demonstrate that they have attempted to amicably settle will have been demonstrated.Failure to so demonstrate can have serious consequences in legal costs.
Mediation Services for Businesses
We are skilled in all types of ADR and can provide you with full advice in relation to mediation services for your business. We can give you advice on the various methods that can be used to resolve your case without recourse to the courts or tribunals. It is essential that you receive full advice in relation to your circumstances and particularly whether mediation is suitable as there could be cost consequences for you if you do not consider this.
Please telephone us on 01323 727321 to arrange an appointment to see us for advice on business mediation.